侵权责任与违约责任竞合的探讨——兼评《合同法》第122条的规定

Concurrence between Liability for Tort and Liability for Breach of Contract Focus on Article 122 of the Contract Law of PRC

民事责任竞合是民法适用中经常遇到的问题 ,特别是违约责任与侵权责任的竞合。我国《合同法》第 12 2条对该问题作了规定 ,对该条规定的理解不应采用请求权竞合说 ,而应采用请求权规范竞合说更为合理。

The civil liability concurrence is an important issue in the legal application t o the civil laws. Especially,the concurrence between the liability for tort and the liability for breach of contract, stipulated in Article 122 of the C ontract Law of PRC, can be understood as the doctrine of normative concu rrence of claim being adopted rather than the doctrine of concurrence of claim.